Electoral Administration Act 2006

Commentary on Sections

Part 6: Conduct of elections etc.

Voting in person

Section 35 Certain voters entitled to vote in person

224.This section removes the provision in electoral law that stipulates that mental health patients detained under civil powers must vote at elections by either post or proxy. In future, such persons will not be prevented by electoral law from voting in person in polling stations.

225.Subsection (1) provides that Schedule 4 of the Representation of the People Act 2000 (absent voting in Great Britain) is amended in accordance with the section.

226.Subsection (2) inserts a new paragraph 2(5A) into Schedule 4 which provides that a mental health patient who is detained under civil powers (and so is not a detained offender) may vote in person where he is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission, or by post or proxy (where he is entitled as an elector to vote by post or proxy at the election).

227.Subsection (3) removes paragraph 2(6)(a) of Schedule 4 to the Representation of the People Act 2000 and the “or” following it. This paragraph currently provides that patients detained at mental hospitals under civil powers may exercise their right to vote by post or proxy only.

228.Subsection (4) provides that the section does not apply to local government elections in Scotland.